Faircloth v. Corrections Corporation of America et al

Filing 207

ORDER RE: 190 Notice of Completion of Limited Appearance filed by James Faircloth is Stricken. Signed by Judge Robert E. Blackburn on 4/13/2016. (cmira)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-00464-REB-KLM
JAMES FAIRCLOTH,
Plaintiff,
v.
CORRECTIONS CORPORATION OF AMERICA,
COLORADO DEPARTMENT OF CORRECTIONS,
RICK RAEMISCH,
DAVE HENNINGER,
Defendants.

ORDER
Blackburn, J.
The matter is before me is the Notice of Completion of Limited
Appearance [#190]1, filed March 22, 2016, by Elisabeth L. Owen, extant attorney of
record for the plaintiff.
Ms. Owen’s “notice” is insufficient to comply with the requirements of the Local
Attorney Rules and ineffectual to remove her as counsel of record for plaintiff on the
CM/ECF system. See D.C.COLO.LAttyR 5(b) (“Withdrawal of Appearance”).2 If Ms.
Owen intends to withdraw her appearance, and thus terminate her limited
representation, she must comply with the requirements and procedures specified in the
1

“[#190]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.
2

D.C.COLO.LAttyR 5(b) applies to both general and limited representation. D.C.COLO.LAttyR
2(b)(1), governing limited representation of an unrepresented prisoner in a civil action, does not relieve an
attorney who seeks to terminate limited representation from moving to withdraw.

rules. No lesser submission will be construed as sufficient to terminate Ms. Owen’s
representation of plaintiff in this or any other matter in which she previously entered an
appearance – limited or otherwise – on his behalf.
THEREFORE, IT IS ORDERED that Notice of Completion of Limited
Appearance [#190], filed March 22, 2016, by Elisabeth L. Owen, extant attorney of
record for the plaintiff, is stricken.
Dated April 13, 2016, at Denver, Colorado.
BY THE COURT:

2